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BYRNE v. BUTLER

SUPREME COURT OF THE UNITED STATES


June 13, 1988

BYRNE, EDWARD R
v.
BUTLER, WARDEN

C.A. 5th Cir.

Rehnquist, Brennan, White, Marshall, Blackmun, Stevens, O'Connor, Scalia, Kennedy

The application for stay of execution of sentence of death presented to Justice White and by him referred to the Court is denied.

Disposition

Application for stay of execution of sentence of death denied.

Justice Brennan and Justice Marshall dissenting:

Adhering to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U.S. 153, 227, 231 (1976), we would grant the application for stay of execution and the petition for a writ of certiorari and vacate the death sentence in this case.

Justice Blackmun and Justice Stevens would grant the application for stay.

19880613

© 1998 VersusLaw Inc.



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